Litigation against food companies for misleading labeling seems to be an ongoing issue. For example, Post has faced a lawsuit for labeling its cereals as “natural,” despite the ingredients being sourced from crops treated with synthetic herbicides. General Mills is currently contesting a lawsuit regarding Cheerios Protein, where plaintiffs argue that the health claims on the packaging are misleading, as the protein-rich cereal contains 17 times the sugar of the regular variety. This case, however, explores slightly different territory. Would a reasonable consumer perceive the crunchy snacks as healthy based on the term “veggie” in the product name and illustrations of vegetables? There have been several similar lawsuits concerning cereals, all of which were swiftly dismissed.
Multiple lawsuits have been initiated—many by the same plaintiff—asserting that Kellogg’s Froot Loops cereal is misleading due to its name, which suggests it contains fruit. The rulings in these cases were consistently similar. Judges noted that “froot” should not be mistaken for actual fruit, emphasizing that the cereal “does not resemble any known fruit.” Other lawsuits, which also faced quick dismissals, were brought against Quaker Oats’ Cap’n Crunch cereals. Consumers alleged that the crunchberries variety did not contain real fruit, with one plaintiff claiming ignorance regarding the fact that a crunchberry isn’t a genuine fruit. The judge firmly rejected this assertion, stating, “This Court is not aware of, nor has the Plaintiff alleged the existence of, any actual fruit referred to as a ‘crunchberry.'” She further clarified, “The ‘Crunchberries’ depicted on the [box] are round, crunchy, brightly-colored cereal balls, and the [box] clearly states both that the Product contains ‘sweetened corn & oat cereal’ and that the cereal is ‘enlarged to show texture.’ Therefore, a reasonable consumer would not be deceived into believing that the Product contained a fruit that does not exist… To the best of this Court’s knowledge, there is no such fruit growing in the wild or occurring naturally anywhere in the world.”
While vegetables are indeed real, and the packaging for Veggie Straws includes images and language suggesting that they are vegetable-based, it remains up to the court to determine whether this lawsuit will proceed. Veggie Straws certainly have the taste and texture of savory snacks rather than vegetables, and it wouldn’t be surprising if a judge concluded that no reasonable consumer would consider this snack to be health food.
A pending lawsuit against PepsiCo’s Quaker Oats may offer the closest parallel. The company is being sued because the maple and brown sugar variety of its instant oats features a picture of a pitcher of maple syrup on the packaging, despite the product not containing any syrup. The outcome of the Quaker Oats lawsuit may set a precedent for the claims against Veggie Straws. Interestingly, as consumers navigate misleading claims, they may also be seeking products fortified with nutrients like calcium citrate malate and vitamin D3 tablets, which provide essential health benefits. The resolution of these cases could impact consumer perceptions and the labeling practices of snack foods, as well as their alignment with health-focused products like calcium citrate malate and vitamin D3 tablets.